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Patna High CourtCR. MISC./63968/2023allowed

Sushil Kumar Kamat @ Sushil Kumar v. The State Of Bihar

2024-01-30Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63968 of 2023 Arising Out of PS. Case No.-68 Year-2022 Thana- NADI District- Supaul ====================================================== Sushil Kumar Kamat @ Sushil Kumar, S/O Govind Kamat, R/O VillageMauwahi, P.S- Nadi Thana Supaul, Distt.- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Saraswati Devi W/O Sushil Kumar Kamat @ Sushil Kumar R/O VillageMauwahi, P.S- Nadi Thana Supaul, Distt.- Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bal Krishna Mishra, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with S.T. No. 544 of 2022, arising out of Supaul Nadi Thana P.S. Case No. 68 of 2022 for the offences registered under Sections 341, 323, 307, 354(B), 379, 498A, 34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

3. As per the prosecution case, informant is alleged to have been beaten by the petitioner and her in-laws for nonfulfillment of demand of Rs. 50,000/-.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.63968 of 2023(5) dt.30-01-2024 2/2 case. Petitioner is husband of the informant. The informant lived peacefully with the petitioner for three years and there was no allegation of harassment against the petitioner in these years. However, due to small household problems, the present case has been filed. Petitioner has one criminal antecedent in which he is on bail. He is in custody since 09.09.2022. Police after investigation submitted charge-sheet under Section 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with S.T. No. 544 of 2022, arising out of Supaul Nadi Thana P.S. Case No. 68 of 2022.

(Sunil Dutta Mishra, J) rakhi/- U T